Wednesday, March 4, 2015


Attorney Michael Connelly.jpg
by Michael Connelly
There seems to be no end to what Obama will when it comes to issuing illegal and unconstitutional Executive orders and government agency actions. In addition to bypassing the specific Constitutional provision that gives the U.S. Congress exclusive control of naturalization and immigration laws, our dictator in chief has gotten the EPA to issue new and more onerous regulations on our energy industry, had the FCC proceed to take control of the Internet, have the BATF ban certain types of firearm ammunition, and change the legal definition of mental illness. This is obviously just the beginning and with most of the Democrats in the Senate behaving like good little drones and marching in lockstep with him the Congress seems powerless to stop him.
         We have some successes in the Courts such as the recent decision by a Texas Federal Judge declaring the amnesty order unconstitutional, but Obama has shown his willingness to ignore this separate but equal branch of the Federal government also. That is exactly what happened with the FCC action on the Internet which was done despite the fact that the U.S. Supreme Court has clearly ruled that the FCC has no legal authority to regulate the Internet.
         There is no question that we at the United States Justice Foundation we will continue to wage court battles at every level, and we all must keep the pressure on Congress to do what it can. However, we are fighting for the very survival of our freedom so I think we need to take our battle to a new level. We need to follow the path of our founding fathers and start using nullification to stop the advance of tyranny.
         The Declaration of Independence is clear in its language when it states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty sand the pursuit of Happiness.-That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, - That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute a new Government laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
The Declaration goes on to enumerate the offenses committed by King George that justify the action being taken. I encourage everyone to go back and read the Declaration. You will find that many of the things happening to the American people under the control of King George are remarkably similar to what is happening now under King Obama.
         The Declaration of Independence is the ultimate act of nullification. It clearly states the fact that Americans are not subjects, but a free people and we control the government, it does not control us. The Constitution was designed to form a government with limited powers and the Bill of Rights was passed to make it clear that there were rights that belonged to the people and the states and were not subject to government interference.
         Now it is time for we the people to take back our country by getting our state and local governments to stand up to the Federal government and say that they will not allow the enforcement of unconstitutional laws, rules, or regulations in our states, counties, or cities. One of the key elements in this requires our demanding that our elected and appointed government officials abide by their oath of office that requires them to protect and defend the Constitution of the United States.
I work with one group that is already making this happen. The Constitutional Sheriffs and Peace Officers Association (CSPOA) run by former Arizona Sheriff Richard Mack has adopted a resolution that says that its members and signers of the resolution will not enforce unconstitutional laws in their jurisdictions and will not allow Federal officers to enforce the laws. Last year I posted an article titled “A Line in the Sand” on my blog detailing this action and providing the following link to the declaration Everyone reading this should send a copy of this resolution to local law enforcement leaders and encourage them to make the commitment to uphold the Constitution.
         Another form of nullification is jury nullification. The founding fathers wanted to protect Americans from the excesses of corrupt judges appointed by the King that would ignore the law and convict people of crimes that they had not committed or that were not crimes at all. Therefore the founders set up the jury system and implicit in that process is the ability of the jury to make the determination of guilt or innocence. If a jury believes the government is trying to convict someone under a law that is unconstitutional they can vote to acquit despite what the judge may instruct them to do.
         With Obama and his fellow elitists working hard to push “political correctness” to the point that the exercise of freedom of speech, freedom of religion, freedom of the press, and the right to keep and bear arms become criminal acts, jury nullification will become increasingly important. Tyranny can only be defeated if we the people follow the example of our founders and stand up to a runaway and lawless government.
Michael Connelly